Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZLXE v Minister for Immigration and Citizenship [2008] FCA 1312
Migration Act 1958 (Cth) ss 424AA Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Re Refugee Review Tribunal; Ex parte H (2001) 75 ALJR 982 SBBF v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 358 SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 SZLXE & Anor v Minister for Immigration and Citizenship & Anor [2008] FMCA 467 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 SZLXE and SZLXF v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 627 of 2008
MCKERRACHER J
25 aUGUST 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 627 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLXE
SZLXF
Appellants
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE OF ORDER: 25 aUGUST 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellants are to pay the first respondent's costs fixed in the amount of $2,800. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 627 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZLXE
SZLXF
Appellants
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MCKERRACHER J
DATE: 25 aUGUST 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an appeal from a judgment of a Federal Magistrate delivered on 14 April 2008 (SZLXE & Anor v Minister for Immigration and Citizenship & Anor [2008] FMCA 467). His Honour dismissed an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal) delivered on 20 December 2007. The Tribunal in turn had affirmed a decision of a delegate of the first respondent to refuse to grant a protection visa to the appellants. 2 The appellants are citizens of the People's Republic of China (PRC) and husband and wife. They arrived in Australia on 20 May 2007. On 1 June 2007 the appellants lodged an application for a protection visa with the Department of Immigration and Citizenship. A delegate of the first respondent refused the application for a protection visa on 8 August 2007. On 6 September 2007 the appellants applied to the Tribunal for a review of that decision. The female appellant has pursued the claim and the appeal on the basis of being a member of the male appellant's family unit.
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